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United States, ex rel. Donald Little, et al. v. Triumph Gear Systems, Inc.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 16-4152 · judgment September 18, 2017

Certiorari denied · March 19, 2018
Pre-decision estimate: 10% cert probability (95% interval 6%–18%)

Before the decision, about 2.5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a circuit split argued in the petition, and a Tenth Circuit decision below, and down for a business respondent.

Question presented

A. Did the Tenth Circuit commit reversible error in its dismissal of a case because original John Doe Plaintiffs were considered intervenors and not original plaintiffs under pseudonyms? B. Can an appellate court on an interlocutory review consider factual issues involving jurisdiction and proceed to the factual merits of an appeal when the matter under appeal was the denial of a motion to dismiss for the lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1) which did not involve the consideration of factual issues by the District Court?

Counsel of record

For petitioner
Donald Edward Little
Donald E. Little, Attorney At Law

For respondent
Douglas Warren Baruch
Fried, Frank, Harris, Shriver, & Jacobson LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 19 2018
    Petition DENIED.
  2. Feb 21 2018
    DISTRIBUTED for Conference of 3/16/2018.
  3. Feb 16 2018
    Waiver of right of respondent Triumph Gear Systems, Inc. to respond filed.
  4. Jan 16 2018
    Petition for a writ of certiorari filed. (Response due February 23, 2018)